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2:14-cv-04010 #19

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Doc 19 - Plaintiffs' motion to amend due date for defendants' response to plaintiffs' motion for summary judgment
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  UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION  Colleen Therese Condon and ) Civil Action No.: 2:14-cv-04010- RMG Anne Nichols Bleckley, ) ) Plaintiffs, ) ) v. ) )  Nimrata (Nikki) Randhawa Haley, in her ) official capacity as Governor of South )   South Carolina; Alan Wilson, in his official )   capacity as Attorney General; and Irvin G. )   Condon, in his official capacity as Judge of ) Probate of Charleston County, ) ) Defendants. ) ) COME NOW, Plaintiffs COLLEEN CONDON and NICHOLS BLECKLEY, by and through their attorneys, and move pursuant to Local Civil Rule 6.01 (D.S.C.) for this Court to alter the time for Defendants to respond to Plaintiffs’ motion for summary judgment by shortening the time for Defendants’ responses. Plaintiffs Colleen Condon and Nichols Bleckley are legally qualified to marry under the laws of the State of South Carolina. On October 9, 2014, Plaintiffs were denied a marriage license for which they had applied, paid a fee, and waited the requisite 24 hours. Plaintiffs filed a Complaint for declaratory and injunctive relief on October 15, 2014, seeking to secure the fundamental right to marry as guaranteed to them by the Fourteenth Amendment to the United States Constitution.  Bostic v. Schaefer  , 760 F.3d 352 (4 th  Cir. 2014). PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO ALTER / AMEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT 2:14-cv-04010-RMG Date Filed 10/23/14 Entry Number 19 Page 1 of 4   On October 22, 2014, Plaintiffs filed a motion for summary judgment and a motion for  preliminary injunction. The motions were served electronically upon Defendant Irvin G. Condon (“Judge Condon”), were served by mail upon Defendants Haley and Wilson, and emailed to their counsel. According to the notices of electronic filing, Defendants’ responses to the motions were due on or before November 10, 2014. On October 23, 2014, the Court issued its Text Order shortening the time for Defendants to respond to the motion for preliminary injunction to  November 3, 2014. Any reply from Plaintiffs is due by noon November 5, 2014. Plaintiffs move to shorten the time for response to the motion for summary judgment on the grounds that 1) they suffer irreparable harm by any delay in the disposition of this matter due to the deprivation of their Constitutionally-guaranteed rights; 2) Defendants Haley and Wilson, and counsel for Defendant Judge Condon, all are parties or counsel in  Bradacs, et al. v. Haley, et al., 3:13-cv-02351-JMC, a case filed more than a year ago in the Columbia Division of the U.S. District Court.  Bradacs  involves a same-sex couple married outside of South Carolina seeking recognition of their marriage in this state for the purpose of obtaining spousal benefits. Not only have Defendants and counsel had sufficient time to research and brief issues in this case, they  participated as  amicus curiae  in the Fourth Circuit case on identical issues where they presented the State’s justifications for the discrimination against Plaintiffs and similarly situated same-sex couples. A shortened response time will impose no burden on the Defendants. The facts of this case are simple, well-known and undisputed. The law is now settled and binding; Fourth Circuit  precedent is determinative. 2 2:14-cv-04010-RMG Date Filed 10/23/14 Entry Number 19 Page 2 of 4   The heart of the case turns upon whether Defendants can articulate a substantive argument that  Bostic  is inapplicable. Plaintiffs believe Defendants cannot make a legitimate argument; given the length of time the issues underlying this case have been present and debated, Defendants could have asserted a substantive argument already. No additional time is needed to research the issue. Plaintiffs propose that Defendants file responses to their motion for summary judgment  by November 3, 2014, and that Plaintiffs file any reply by noon on November 5, 2014. Plaintiffs respectfully request that the Court set shortened response times for any future events as it sees fit. Plaintiffs’ counsel affirms that, prior to filing this Motion, she conferred with opposing counsel in a good faith effort to resolve the matters contained in this Motion. Counsel for Defendant Judge Condon consents to the Motion. Counsel for Defendants Wilson and Haley have not yet determined their position on the matter. As set forth in explicit detail in Plaintiffs’ complaint and motions, Colleen Condon and  Nichols Bleckley can never retrieve or replace the liberties and equal protection of the law that are stripped from them with each day they are denied the justice they are due. They, therefore, implore this Court to grant the relief requested. [SIGNATURE ON FOLLOWING PAGE] 3 2:14-cv-04010-RMG Date Filed 10/23/14 Entry Number 19 Page 3 of 4    October 23, 2014 LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. Elizabeth L. Littrell (Georgia Bar No. 454949) 730 Peachtree Street, NE, Suite 1070 Atlanta, Georgia 30308 Phone: (404) 897-1880 Fax: (404) 897-1884  blittrell@lambdalegal.org  ATTORNEYS FOR PLAINTIFFS  Admitted Pro Hac Vice By Order dated October 17, 2014   SOUTH CAROLINA EQUALITY COALITION, INC. s/M. Malissa Burnette_____________ M. Malissa Burnette (Fed. I.D.  No.:1616)  Nekki Shutt (Fed. I.D. No.: 6530) CALLISON TIGHE & ROBINSON, LLC 1812 Lincoln Street Post Office Box 1390 Columbia, South Carolina 29202 Telephone: 803-404-6900 Facsimile: 803-404-6901 mmburnette@callisontighe.com nekkishutt@callisontighe.com    Victoria L. Eslinger (Fed. I.D. No.:738)  NEXSEN PRUET, LLC P.O. Drawer 2426 Columbia, South Carolina 29202-2426 Telephone: 803-253-8249 Facsimile: 803-253-8228 veslinger@nexsenpruet.com  ATTORNEYS FOR PLAINTIFFS  4 2:14-cv-04010-RMG Date Filed 10/23/14 Entry Number 19 Page 4 of 4
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